An Open Letter to EST Bilello from John Musumeci

Heil Lebo!!!

Via Email
Michael Bilello Executive Secretary-Treasurer
New York City District Council Of Carpenters
395 Hudson Street New York, NY 10014

Re: Violations of UBC Constitution, Roberts Rules of Order and Request for Apology

Dear Mr. Bilello:

I write in response to the conduct of President Lebo during the Delegate Body meeting of March 21, 2012. Specifically, approximately fifteen minutes into the meeting, I raised a Point of Order and Lebo incorrectly ruled me out of order, and unlawfully had me removed from the meeting. I request a written and public apology by President Lebo to the Delegate Body and myself.

As you are well aware, the presidents duties among other things, is to chair all meetings, enforce and be knowledgeable in the UBC Constitution, District Council By-Laws, Roberts Rules of Order, be honest, fair, neutral from partisan politics and protect the rights of the minority.

The symbol for the chair of a meeting is a gavel, which is a symbol of justice and fairness. It is not a crown, which is a symbol of royalty! The role of the chair is that of facilitator and servant of the assembly, not its master.

In parliamentary procedure the process for disagreeing with the chair involves two motions, Point of Order, and Appeal from the Decision of the Chair. It is the process of using one or both of these motions that keep the democratic process of decisions by the delegates alive and well.

Rules are put in place to protect members' rights, and when the rules aren't followed, those rights can get trampled. When any member notices a violation of the rules, especially if that violation impinges on the rights of other members, he/she has a right and duty to call immediate attention to the fact, and to rise quickly, (even if you interrupt a speaker), and say, Point of Order.

The chair's duty is to make a decision on the point of order, the chair requests the member to state his point of order, which he does and resumes his seat. The chair decides the point, which is usually ruled on in one of two ways: The point is declared either "Well-taken," or "Not well-taken," and a short explanation of the ruling is given, and then, if no appeal is taken and the member has not been guilty of any serious breach of decorum, the chair permits him to resume his speech. But, if his remarks are decided to be improper and any one objects, he cannot continue without a vote of the assembly to that effect.

Lebo has demonstrated a pattern of rule breaking, including misusing his authority by intentionally hindering the rights of the members, and not acting neutral when presiding over meetings.

Members are furious because our union continues to operate in a parallel universe, where the people elected and hired to represent us too often believe they rule us. You enforce the laws, and then demand exemption for yourselves.

Lebo has become the latest symbol by demonstrating an unwillingness to break from the mindset of the past. He violated his duty by ruling me out of order, (without the point even being stated) and by having me removed from the meeting.

The fact that Lebo brazenly committed these offenses while Review Officer, Dennis Walsh and Chief Compliance Officer Josh Leicht was in attendance suggests that he thinks his conduct is entirely correct and appropriate.

Lebo's conduct is entirely incorrect and entirely inappropriate. Lebo failed in his role as facilitator and servant, and instead has become its dictator thus violating the above rules and more importantly trampling the rights of the delegates and membership.

Lebo has absolutely no authority to rule me out of order or remove me from a meeting; the delegate body is the ultimate decider of procedural questions during a meeting not dictator Lebo.

Roberts Rules states: “The Chair has no authority to impose a penalty or to order the offending member removed from the hall, the assembly has that power.”

Sequel to the above, I am respectfully requesting you instruct President Bill Lebo, to write a letter of a clear and unqualified apology for violating the rules of order, to be read at the next scheduled Delegate Body meeting. I am also requesting pursuant to Section 5 (F) of the District Council Bylaws, the Chief Compliance Officer and Inspector General review and investigate the above matter for constitutional violations.


Sincerely,
John Musumeci
Delegate to the District Council


BY EMAIL
Cc: Review Office, Dennis Walsh
      President, Bill Lebo
      Vice President Mike Cavanaugh
      Chief Compliance Officer, Josh Leicht
      Inspector General, Scott Danielson
      Director of Operations, Matt Walker
      Delegates to the District Council